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[Cites 0, Cited by 0] [Section 59] [Entire Act]

State of West Bengal - Subsection

Section 59(5) in The West Bengal Panchayat Act, 1973

(5)If such fine or compensation is not paid or realised within thirty days of the passing of the sentence or order or within such further time as the Nyaya Panchayat may allow, the Nyaya Panchayat shall record an order declaring the amount of fine imposed or compensation awarded and that it has not been paid, and shall forward the same to the nearest Sub-divisional Judicial Magistrate, who would have had jurisdiction to cry the case but for the provisions of this Act, and the Sub-divisional Judicial Magistrate shall -
(a)proceed to execute the order as if it were an order passed by himself, or
(b)in default of payment, sentence the accused to imprisonment in accordance with Chapter III of the Indian Penal Code, notwithstanding anything contained in sub-section (2) of this section:
Provided that, notwithstanding anything contained in the Indian Penal Code -
(a)the fine imposed or compensation awarded by a Nyaya Panchayat shall not be realised from any person who has served his term of imprisonment;
(b)the person serving his term of imprisonment shall be forthwith released, if the fine or compensation is paid before the expiry of the term of imprisonment.